LAW7122

Superannuation law and practice ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: T.B.A.

Offered:
Not offered in 2005.

Synopsis: The nature of superannuation schemes. The role of trustees. Taxation of superannuation schemes. Investment of superannuation funds. The in-house asset rule and the sole purpose test. Disability claims. Duties of auditors. Civil and criminal remedies. Superannuation, bankruptcy and industrial law. Family law and discrimination. Amendment of trust deeds. Preservation of small benefits. Exempt funds.

Objectives: On completion of this subjects students should be able to (1) understand the structure of different types of superannuation funds in Australia and the reasons for these differences including those which relate to the provisions of our taxation legislation; (2) understand the operation of superannuation funds including (a) the role and duties of trustees and those to whom they delegate especially in relation to investment; (b) the rights of members individually and collectively and (c) the role and duties of third parties such as auditors; and (3) examine the effect of superannuation in bankruptcy law, family law and industrial law.

Assessment: Research assignment (8000 words): 80% + Class participation: 20% OR Research assignment (3750 words): 50% + Take-home examination (2250 words): 30% + Class participation: 20%

Contact Hours: One 2-hour seminar per week